263 U.S.

14
44 S.Ct. 10
68 L.Ed. 136

WYMAN
v.
UNITED STATES.
No. 140.

Supreme Court of the United States

Argued Oct. 4, 1923.
October 22, 1923

Messrs. Otho S. Bowling, of New York City, and Robert H. Elder, of

Pittsburgh, Pa., for plaintiff in error.
The Attorney General, for the United States.
Mr. Justice McKENNA delivered the opinion of the Court.

Plaintiff in error was proceeded against by an information for the violation of a

section of the National Prohibition Act (41 Stat. 305).

A motion was made to dismiss the information on the ground that the crime
charged was an infamous one within the meaning of the Fifth Amendment to
the Constitution of the United States, in that by reason of the statutes of the
United States and those of New York and New Jersey, the court had power to
impose an infamous punishment, namely imprisonment at hard labor and
imprisonment at involuntary labor, and that therefore Wyman could not be held
to answer for such crime, except upon presentment or indictment by a grand
jury.

The motion was denied and after trial plaintiff in error was found guilty and
sentenced to imprisonment for a term of 45 days in the Essex county jail,
Newark, New Jersey.

To review this conviction and sentence is the purpose of this writ of error.

To review this conviction and sentence is the purpose of this writ of error.

It will be observed that the case is identical in its legal aspects with No. 45,
Brede v. Powers, 263 U. S. 4, 44 Sup. Ct. 8, 68 L. Ed. , just decided. For
the reasons stated in the opinion in that case, the proceedings, action and
judgment are

Affirmed.

Mr. Justice McREYNOLDS and Mr. Justice BRANDEIS concur in the result.